PROBLEMAL ASPECTS OF INHERITANCE OF THE RIGHT TO A PART OF THE AUTHORIZED CAPITAL OF A LIMITED LIABILITY COMPANY

Abstract

For economic and social well-being, the legis-lator must provide effective and understandable con-ditions for the functioning of societies in different liv-ing conditions. To date, law enforcement practice re-veals a number of shortcomings in the legal regulation of limited liability companies.
The article is devoted to the analysis of the problems of law enforcement practice of inheritance of the right to share in the authorized capital of a lim-ited liability company, as one of the most common or-ganizational and legal forms of business entities.
The issue of determining the object of inher-itance and the separation of corporate rights from the right to a share in the authorized capital has been studied. Obtaining a certificate of inheritance, which includes the right to a share in the authorized capital of LLC is not equal to and does not mean the auto-matic acquisition of corporate rights. It is substanti-ated that the right to a share in the authorized capital of the company is the object of inheritance. Corporate rights arise from the moment of entering information about a new participant of the company in the Unified State Register.
Problematic aspects of concluding a heritage management agreement as a mechanism for ensuring the economic interests of the company in the period between the death of a participant and the entry of a successor into the participants are identified. In par-ticular, the submission of an application for the issu-ance of a certificate of inheritance management by several heirs and the occurrence of a dispute between them, makes it impossible to issue such a certificate.
The article analyzes the procedure for joining the heir to the LLC and substantiates the need to in-troduce the obligation of heirs to notify other partici-pants and the head of the company about joining the participants within three days from the date of the rel-evant changes to the Unified State Register.
Key words: inheritance of the right to a part of the authorized capital, corporate rights, authorized capital, limited liability company, object of inher-itance, inheritance.